A father-of-three has been convicted for sexually assaulting a heavily drunk victim sleeping rough in Springvale South.
Daniel Hart, 46, pleaded guilty after a sentence indication at the Victorian County Court to three charges of sexual assault of a 52-year-old alcoholic man visiting from Queensland.
The victim had little recollection of the Friday night on 10 May 2024, including sitting down for dinner with Hart in a Springvale restaurant.
The man recalls leaving the restaurant alone, sitting on the ground outside a Springvale South pharmacy and drinking vodka.
He woke up and couldn’t find his belongings.
In investigating the alleged theft, Springvale Police viewed the pharmacy’s CCTV footage.
The CCTV revealed Hart committing sex acts on his “extremely vulnerable” victim, sentencing judge Trevor Wraight stated on 16 July.
“The complainant was sleeping rough and was extremely intoxicated – so much so that he has no memory of the incident.
“It is clear from the footage that he was unable to resist your advances.
“The victim … stated that he did not give anyone permission to perform a sexual act on him and that he would not have consented to the act even if he was sober due to his sexual orientation.”
Hart had claimed he was himself intoxicated on meth and alcohol.
A psychologist opined that Hart – who had a diagnosed mental illness – would have likely had ‘psychotic symptoms’ at the time due to his intoxication.
But Judge Wraight said Hart’s actions depicted on CCTV were “purposeful and deliberate”.
The judge didn’t accept there was a relevant link between Hart’s cognitive dysfunction and his offending.
Born in New Zealand, Hart had a “turbulent” childhood and had been married with a wife and three kids.
The relationship deteriorated under Hart’s daily substance abuse and dallying in gay affairs.
Judge Wraight noted Hart’s criminal history included family violence but no sexual offences. His rehabilitation prospects were “reasonable” if he has suitable support structures.
Hart was sentenced to 391 days’ jail – already served in pre-sentence remand.
He was released on a two-year supervised community correction order including drug and mental health treatment.
